Eighth Judicial District Court, Nebraska
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Adjournments
- Deadlines may be extended only after a motion, a hearing, and an order.
- If the non-moving party does not object, the moving party must obtain a hearing date and time from the clerk or bailiff as directed by the court and submit a conforming proposed continuance order.
- A continuance motion must state whether the non-moving party or parties object.
- +1 more
Request must include
- A continuance motion must be filed at least 5 working days before the hearing, except in exigent circumstances.
Page & Word Limits2 rules
Each party may offer 2 rebuttal affidavits not to exceed 10 total pages.
- Rebuttal affidavits
- Up to 10 pages
The total number of pages, for all submitted materials, including attachments, shall not exceed 50 pages.
- Page limit
- Up to 50 pages
Document Format Requirements2 rules
To be considered, the affidavits must be double spaced and typed or printed in a legible manner.
- Line spacing
- Double
- Affidavit
For an allowed remote hearing involving only documentary evidence, exhibit copies provided to the court reporter and all other parties must be in PDF format.
- File type
- Exhibits
Court's wording
(3) If a remote evidentiary hearing involving only documentary evidence is allowed, the party offering documentary evidence shall provide electronic copies of the exhibits in PDF format to the court reporter and all other parties at least 2 business days before the hearing. Failure to comply with this requirement may result in the court refusing to receive such exhibits upon offer.
Document Filing Requirements9 rules
Any administrative order implementing emergency modified court procedures must address the listed County Court and District Court mission essential functions.
Court's wording
E. The following mission essential functions shall be addressed in any administrative order implementing emergency modified court procedures: (1) County Court: protection orders, evictions, emergency guardianship or conservatorship proceedings, change of pleas, bond settings and hearings, arraignments, preliminary hearings, adoptions, protective custody hearings, detention hearings, motions for ex parte orders. (2) District Court: protection orders, bond reviews, change of pleas, sentencings, motions for ex parte and other temporary hearings, motions for temporary restraining orders and temporary injunctions.
The final JPS shall be submitted to the court (not filed) at the time of the pretrial conference.
Where an action involves a contested division of property/debt, the parties shall prepare a joint property statement (JPS).
A party may offer no more than 6 affidavits, one of which shall be the verified Child Information Affidavit required by Neb. Rev. Stat. § 43-2930.
(a) File a motion, at least 3 days prior to the hearing, with a proposed order allowing the same: (b) Certify in the motion that the moving party will not offer evidence;
- Document
- Motion
Include
- •Proposed order
(a) File a motion for remote hearing at least 7 days prior to the hearing; and (b) Certify in the motion that all parties consent to the remote hearing.
The moving party must file a motion and notice with a proposed order and certifications of party consent and no evidence.
- Document
- Motion and notice of remote hearing
Include
- •Proposed order
Court's wording
(a) File a motion and notice of remote hearing, with a proposed order, at least 5 days prior to the scheduled hearing, certifying that all parties consent to the remote hearing and that no evidence will be offered at the hearing.
If the non-moving party does not object, the moving party must submit a proposed continuance order that complies with the hearing date and time obtained.
- Document
- Motion for continuance
Must include
- •Proposed order
Court's wording
If the non-moving party/parties do not object to the motion to continue, the moving party shall obtain a date and time for hearing the matter continued from the clerk of court or bailiff, as directed by the court, and submit a proposed order of continuance in compliance therewith.
Court-assigned counsel must promptly prepare the formal journal entry, order, judgment, or decree and submit the original to the judge.
Court's wording
It shall be the duty of the counsel assigned by the court promptly to prepare a formal journal entry, order, judgment, or decree. Counsel assigned to prepare the proposed formal journal entry, order, judgment, or decree shall submit the original to the judge
Filing & Service rules
Filing Timing and Cure Windows
The motion hearing must be scheduled at least 7 days after the motion is filed.
The clerk or bailiff shall schedule the motion for hearing at least 7 days after the motion is filed.
Page 1 | C. Date and Time of Hearing
The motion must be filed at least 3 days before the hearing.
(a) File a motion, at least 3 days prior to the hearing, with a proposed order allowing the same:
Page 1 | B. Non-evidentiary Hearings
The motion and notice of remote hearing must be filed at least 5 days before the scheduled hearing.
(a) File a motion and notice of remote hearing, with a proposed order, at least 5 days prior to the scheduled hearing, certifying that all parties consent to the remote hearing and that no evidence will be offered at the hearing.
Page 1 | B. Non-evidentiary Hearings
The motion for remote hearing must be filed at least 7 days before the hearing.
(a) File a motion for remote hearing at least 7 days prior to the hearing; and
Page 1 | C. Evidentiary Hearings Not Involving Oral Testimony
Service and Proof of Service Rules
The motion and notice of hearing must be served on all other parties with proof of service, and the court may decline to hear a motion lacking the notice and proof.
The motion and a notice of hearing shall be served on all other parties and accompanied by proof of service. The court may decline to hear any motion which is not accompanied by such notice of hearing and proof of service.
Page 1 | C. Date and Time of Hearing
The defendant may amend and supplement the JPS, but must serve it on the plaintiff within 30 days after receiving the initial JPS; failure to do so is deemed acceptance of the initial JPS information.
The defendant may then amend the JPS and supplement it by adding additional property or debts not listed. Defendant shall serve its amended JPS upon the plaintiff within 30 days after receiving the initial JPS from the plaintiff. Failure to serve an amended JPS upon the plaintiff shall be deemed to be an acceptance of the information contained in the JPS served upon the defendant.
Civil cases
Page 1 | A. Joint Property Statements
The plaintiff must serve the initial joint property statement on the defendant within 90 days after filing.
The plaintiff shall serve upon the defendant the initial JPS within 90 days of filing.
Civil cases
Page 1 | A. Joint Property Statements
Affidavits for temporary relief will not be considered unless a copy is served on the opposing party or their attorney at least 48 hours before the hearing.
Affidavits for temporary relief will not be considered by the court unless a copy has been served on the opposing party or their attorney at least 48 hours prior to the temporary hearing.
Civil cases
Page 1 | B. Temporary Hearings
Rebuttal affidavits must be served on the other party at least 30 minutes before the hearing.
Rebuttal affidavits shall be served upon the other party at least 30 minutes prior to the hearing.
Civil cases
Page 1 | B. Temporary Hearings
The moving party must serve the motion and notice of hearing on the other party at least 7 days before the hearing.
The moving party shall serve its motion and notice of hearing upon the other party at least 7 days prior to the hearing.
Civil cases
Page 1 | B. Temporary Hearings
For an allowed remote hearing involving only documentary evidence, the offering party must provide electronic exhibit copies to the court reporter and all other parties at least 2 business days before the hearing; noncompliance may result in the court refusing the exhibits.
(3) If a remote evidentiary hearing involving only documentary evidence is allowed, the party offering documentary evidence shall provide electronic copies of the exhibits in PDF format to the court reporter and all other parties at least 2 business days before the hearing. Failure to comply with this requirement may result in the court refusing to receive such exhibits upon offer.
Page 1 | C. Evidentiary Hearings Not Involving Oral Testimony
Assigned counsel must mail a copy of the proposed formal journal entry, order, judgment, or decree to all opposing parties or their attorneys within 7 days after the decision or ruling is announced.
Counsel assigned to prepare the proposed formal journal entry, order, judgment, or decree shall submit the original to the judge and shall mail a copy to all opposing parties or their attorneys within 7 days after announcement of the decision or ruling.
Page 1 | Rule 8-8. Journal Entries
Adjournment & Extension Requirements
Deadlines may be extended only after a motion, a hearing, and an order.
Deadlines may be extended only after motion, hearing, and order.
Civil cases
Page 1 | A. Joint Property Statements
A continuance motion must be filed at least 5 working days before the hearing, except in exigent circumstances.
Except for exigent circumstances, a motion for a continuance shall be filed at least 5 working days before the hearing for which the continuance is requested.
Civil cases
Page 1 | Rule 8-7. Continuances
If the non-moving party does not object, the moving party must obtain a hearing date and time from the clerk or bailiff as directed by the court and submit a conforming proposed continuance order.
If the non-moving party/parties do not object to the motion to continue, the moving party shall obtain a date and time for hearing the matter continued from the clerk of court or bailiff, as directed by the court, and submit a proposed order of continuance in compliance therewith.
Civil cases
Page 1 | Rule 8-7. Continuances
A continuance motion must state whether the non-moving party or parties object.
In addition to the requirements outlined in Neb. Rev. Stat. § 25-1148, a motion for a continuance shall set forth whether the non-moving party/parties object to the motion to continue.
Civil cases
Page 1 | Rule 8-7. Continuances
If the non-moving party objects, the moving party must obtain an expedited hearing date; the hearing should occur at least 3 days before the scheduled hearing.
If the non-moving party objects to the continuance, the moving party shall obtain an expedited hearing date for the motion to continue from the clerk or bailiff, as directed by the court. The expedited hearing should occur at least 3 days before the scheduled hearing date.
Civil cases
Page 1 | Rule 8-7. Continuances
Chambers Communication Rules
Before filing a motion, the moving party must obtain its hearing date and time from the clerk or bailiff as directed by the court.
Before the filing of any motion, the moving party shall obtain a date and time of hearing for the motion from the clerk of the court or bailiff, as directed by the court.
Page 1 | C. Date and Time of Hearing
The moving party must contact the court at the scheduled hearing time.
(d) Contact the court at the scheduled hearing time.
Page 1 | B. Non-evidentiary Hearings
The party requesting a remote hearing involving oral testimony must arrange a conference with the court and opposing counsel or parties to discuss procedural orders.
(2) The party requesting such hearing shall make arrangements to confer with both the court and opposing counsel/parties to discuss orders governing the procedures for such hearing.
Page 1 | D. Evidentiary Hearings Involving Oral Testimony
The moving party must contact the appropriate court clerk, bailiff, or court reporter to obtain a hearing time.
(c) Contact the appropriate court clerk/bailiff/court reporter to obtain a hearing time;
Page 1 | B. Non-evidentiary Hearings
If the non-moving party objects, the moving party must contact the clerk or bailiff, as directed by the court, to obtain an expedited hearing date.
If the non-moving party objects to the continuance, the moving party shall obtain an expedited hearing date for the motion to continue from the clerk or bailiff, as directed by the court.
Civil cases
Page 1 | Rule 8-7. Continuances
When there is no objection, the moving party must contact the clerk or bailiff, as directed by the court, to obtain a hearing date and time.
If the non-moving party/parties do not object to the motion to continue, the moving party shall obtain a date and time for hearing the matter continued from the clerk of court or bailiff, as directed by the court, and submit a proposed order of continuance in compliance therewith.
Civil cases
Page 1 | Rule 8-7. Continuances
Attorneys must contact the District Court when they no longer wish to receive court appointments.
Attorneys shall also contact the District Court when they no longer wish to receive court appointments.
Criminal cases
Page 1 | D. Court-Appointed Attorney List
Attorneys seeking court appointments must contact each relevant District Court, request placement on its list, and indicate whether they accept misdemeanor and/or felony appointments.
Attorneys shall contact the District Court of each county in which they wish to be considered for court appointments, request to be placed on the court-appointed list, and indicate whether they will accept misdemeanor and/or felony appointments.
Criminal cases
Page 1 | D. Court-Appointed Attorney List
The court-appointed attorney list is available from the District Court upon request.
The District Court shall make the court-appointed list of attorneys available upon request.
Criminal cases
Page 1 | D. Court-Appointed Attorney List
Junior Lawyer Participation Incentives
Less-experienced attorneys should receive cases within their capabilities and opportunities to gain experience under supervision.
Less-experienced attorneys should be assigned cases which are within their capabilities, but should be given the opportunity to expand their experience under supervision.
Criminal cases
Page 1 | C. General